September 2018

Increased risks for directors and officers are not just arising from the external environment- companies need to manage the internal risks arising from privacy breaches and sexual misconduct. This has ramifications for corporates and their insurers.

Management liability specialist Kevin LaCroix has pointed to US trends as forewarning of what can be expected in the Australian market which has seen this issue give rise to an increased number of claims, both individual and as a basis for class actions.

Mandatory data breach reporting means more information publicly available in relation to data breaches, and the figures show the majority of those breaches arise from employee error. Improved training could certainly help reduce these instances.

The Me Too movement has raised awareness of sexual harassment in the workplace, with associated increases in complaint numbers. Obligations to provide a safe workplace clearly make this a potential management liability.

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Mills Oakley is a leading national law firm with offices in Melbourne, Sydney, Brisbane, Canberra and Perth. With over 100 partners and more than 670 staff, we offer strong expertise across all key commercial practice areas.

From origins in Melbourne in 1864, Mills Oakley has grown to become a domestic leader in legal services with a client base of ASX-200 listed companies, mid-sized corporations, the public sector and not-for-profit organisations.